This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. This opinion contains helpful legally correct conclusions, but also contains information and is based on assumptions that are not legally correct under U.S. immigration law. There are two Judicial Training and Education Updates that were published by the Minnesota Supreme Court that clarify and provide additional information obtained from USCIS that clarify some of the inaccuracies in this opinion. one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidef or Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/
Topic: Judges
Materials and information for judges.
Narrow your search:
[pdf] Protection Orders Webinar Materials List (December 3, 2024) (+)
This list of training materials on civil protection orders has been developed to assist state court judges, attorneys, and victim advocates working with immigrant survivors. It covers protection orders for vicitms of domestic violence, sexual assault and stalking. The list includes training tools, training manual chapters, bench cards, and links to webinars.
[pdf] Creative Civil Protection Order Remedies That Holistically Address Victim’s Safety and Cultural Needs (December 3, 2024) (PowerPoint) (+)
In this national webinar, faculty will discuss the importance of protection orders and the remedies that most effectively protect immigrant victims and their children, as well as the role that no unlawful contact protection orders play for immigrant victims. Faculty will address these issues with a culturally sensitive lens by discussing factors such as the victim’s cultural, religious, immigration-related, financial, and other needs through creative protection order remedies. The presentation will also include protection order remedies that interfere with the levers of power and control being employed by the perpetrator against the victim.
[pdf] Public-Benefits-Comparison_National-Report-11.15.24 (+)
This report provides a brief discussion of the current eligibility criteria for a variety of public benefits, including food assistance, cash assistance (TANF), healthcare, and Supplemental Security Income, as well as access to Driver’s Licenses for persons who cannot provide proof of lawful status including specifically immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human sex and labor trafficking. The report focuses particularly on benefits for immigrant crime survivors who have filed or are preparing to file for immigration relief: VAWA Self-Petitioners, U visa applicants, T visa applicants, applicants for Special Immigrant Juvenile Status (SIJS), and applicants for Continued Presence.
For each public benefit type, the report discusses a model state law as well as options for a more incremental approach. It then provides a menu of options, drawn from other state law approaches, that states can use to extend eligibility for public benefits to more immigrant victims of crime and abuse. The report also provides an analysis of best practices where appropriate.
[pdf] State Justice Institute (SJI) and National Judicial Network Training Materials (October 30, 2024) (+)
Most up to date training materials for state court judges on issues that arise in state court cases involving human trafficking victims, immigrant victims of crime and abuse, and immigrant children. This collection of materials was developed with support from the State Justice Institute (SJI) and National Judicial Network Training Materials and includes links to training materials in NIWAP web library.
[pdf] VAWA Confidentiality and Family Court Discovery (November 12, 2024) (PowerPoint) (+)
[pdf] Join the National Judicial Network (Updated October 30, 2024) (+)
Click the link above to learn more about the National Judicial Network!
Seeking judges, commissioners, magistrates, tribal judges, and other judicial officers to join the National Judicial Network. The National Immigrant Women’s Advocacy Project (NIWAP) working in partnership with the National Council of Juvenile and Family Court Judges (NCJFCJ) on a State Justice Institute (SJI) funded project is pleased to invite you to participate in the National Judicial Network: Forum on Human Trafficking and Immigration in State Courts (NJN). The NJN will provide a forum for judges to engage in peer-to-peer learning sessions with judges from across the country, participate in webinars, communicate with other judges in a members-only confidential email group, access topic-specific publications, and attend future in-person trainings on issues that arise in state courts involving human trafficking and immigrant victims. NJN sessions are intended to help judges learn more about these complicated issues and, consequently, improve access to justice for human trafficking and immigrant victims of domestic violence, child abuse, sexual assault, and other crimes.
[pdf] When Federal Immigration Laws and State Family Laws Intersect: Promoting Just and Equitable Outcomes for Immigrant Survivors and Children (October 8, 2024) (PowerPoint) (+)
This plenary highlights what every state court judge needs to know to promote access to justice and fairness when immigration law issues arise in state court cases involving litigants, victims of crime or abuse, and children who are immigrants or live in immigrant families. Faculty provide an overview of the major forms of immigration relief that Congress created to protect immigrant victims of domestic violence, child abuse and neglect, human trafficking, sexual assault, and stalking and identify how access to public benefits, services, and supports grow as eligible immigrant victims and their children pursue victim-based forms of immigration relief.
[pdf] PowerPoint Presentation (September 17, 2024) (+)
[pdf] Immigration Human Trafficking Colorado Judicial Bench Card (August 19, 2021) (+)
Judicial bench card on immigration options for human trafficking victims developed by Judge Laurie A. Clark, Denver Juvenile Court and the Laboratory to Combat Human Trafficking.
[pdf] Prostitution Colorado Judicial Bench Card (August 19, 2021) (+)
Judicial Bench Card on distinguishing between human trafficking and prostitution developed by Judge Laurie A. Clark, Denver Juvenile Court and the Laboratory to Combat Human Trafficking.
[pdf] PowerPoint Presentation (May 7, 2024) (+)
[pdf] PowerPoint Presentation (March 5, 2024) (+)
[pdf] Join the State Justice Institute Sponsored National Judicial Network – Sign Up Flyer (November 14, 2023) (+)
National Judicial Network: Forum on Human Trafficking and Immigration in State Courts sign up registration flyer. With State Justice Institute’s Newsletter article describing the benefits for state court judges of NJN membership.
[pdf] NJN Slides Tips and Tools for Judges RE Trafficking VIctims 11.7.23 final (+)
[pdf] Portland Judges Agenda (October 3, 2023) (+)
[pdf] Portland Judges PowerPoint Presentation (October 3, 2023) (+)
[pdf] OTIP NJN Webinar PowerPoint Presentation (October 10, 2023) (+)
[pdf] United States v. Dixon U.S. Supreme Court (December 2 1992-June 28 1993) (+)
United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993) Filed an amicus brief in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for multiple counts of contempt of a civil protection order. The Brief argued that victims could constitutionally enforce their protection orders without undermining the ability of the state (in this case the United States) to bring criminal charges against the domestic violence perpetrator that included numerous assaults and assault with a deadly weapon. The Supreme Court upheld the right of a victim to enforce her protection order without barring criminal prosecution by double jeopardy as long as the contempt proceeding and the criminal prosecution each require proof of additional elements under the Blockburger “same elements” test.
[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)
State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.
[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)
Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)
[pdf] PowerPoint Presentation (September 12, 2023) (+)
[pdf] Rivas et al., Amicus Supreme Court of California (March 21 2022) (+)
“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the
Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS
predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative
and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of
Appeals directly contradicts this legislative and regulatory history and the 2022 SIJS regulations issued by DHS.
The brief discussed how the courts below incorrectly applies laws of a foreign country when application of
California law is required by SIJS regulations, statutes and policies. The brief also discusses how it is
impermissible for court to fail to issue SIJS findings when there is uncontroverted credible evidence to support the
findings. The California Supreme Court in a unanimous decision with one concurrence adopted the approach
advocates by NIWAP’s amicus brief and the 2022 SIJS regulations relied up in the brief. (March 21, 2022; August
15, 2022)
[pdf] Technical Assistance and Training on Legal Rights of Immigrant Crime Victims (August 17, 2023) (+)
This set of flyers advertise the training and technical assistance offered by NIWAP, American University, Washington College of Law to courts, judges, law enforcement officials, prosecutors, victim advocates, and attorneys working in family law, domestic violence, immigration and legal services agencies covering a wide range of topics that are important to professionals who encounter immigrant crime victims and immigrant children in their work. Trainings are designed to meet the needs of the local jurisdiction or state requesting the training and involve both NIWAP staff and a national team of experts, law enforcement, prosecutor and judicial trainers. The first page of this flyer summarizes the topics of technical assistance and training offered. This page is followed by flyers aimed at trainings for law enforcement officers, prosecutors and their victim witness staff and trainings NIWAP offers for judges and court staff.
[pdf] PowerPoint Presentation (August 17, 2023) (+)
[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)
Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] USCIS and State Department: Intercountry Adoption Process Flow Chart of Key Steps (June 6, 2023) (+)
USCIS and the U.S. State Department developed this tool to assist judges and attorneys in the U.S. to better understand the intercountry adoption process for foreign born children from Hague Convention and non-Hague Convention countries. This tools helps ensure that the proper steps are followed so that the adopted child obtains a visa providing them legal immigration status and a path to naturalized citizenship.
[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)
Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.
[pdf] NJN PowerPoint Presentation (April 4, 2023) (+)
[pdf] NJN PowerPoint Presentation (May 2, 2023) (+)
[pdf] Youth Empowered for Success (YES) Atlantic County NJ Pilot Program (+)
[pdf] Youth Empowered for Success (YES) Program – Blank MOU (+)
[pdf] PowerPoint Presentation (March 7, 2023) (+)
[pdf] Judicial Officer Checklist for Common Behaviors Associated with Stalking (March 2, 2023) (+)
Checklist for judicial officers for identifying and making findings on stalking behaviors.
[pdf] Stalking Literature (March 2, 2023) (+)
This checklist developed for judicial officers assists courts in identifying and making findings of fact documenting behaviors commonly associated with stalking.
[pdf] Faculty Bios Peer-to-Peer Forum (February 7, 2023) (+)
[pdf] NJN Peer-to-Peer Forum PowerPoint Presentation (February 7, 2023) (+)
[pdf] Hope Court Referral Process (+)
[pdf] Mindfulness Training for Judges: Mind Wandering and the Development of Cognitive Resilience (2018) (+)
Mindfulness Training for Judges: Mind Wandering and the Development of Cognitive Resilience (2018), In Court Review Journal of the American Judges Association.
[pdf] Federal Judicial Center, Mindfulness and Judging (2016) (+)
Mindfulness and judging article produced by the Federal Judicial Center, author Judge Jeremy D. Fogel.
[pdf] How to Argue or Rule on VAWA Confidentiality Protections in Discovery Involving Immigrant Survivors (November 18, 2022) (+)
Step-by-step guide for attorneys and judges on VAWA confidentiality and discovery with links to resources, tools, case law, Amicus Briefs, and sample bench briefs and motions.
[pdf] HOPE CEASE NJN PowerPoint Presentation (November 1, 2022) (+)
[pdf] NJN Peer-to-Peer Session PowerPoint Presentation (December 8, 2022) (+)
[pdf] SIJS Webinar PowerPoint Presentation (October 4, 2022) (+)
[pdf] NJN Peer-to-Peer Forum PowerPoint Presentation (February 1, 2022) (+)
[pdf] Child Labor Trafficking PowerPoint Presentation (May 3, 2022) (+)
[pdf] Bench Card: Special Immigrant Juvenile Status (SIJS) Immigration and Public Benefits Eligibility Process (July 13, 2022) (+)
Bench card outlining SIJS applicant and recipient children’s ability to access federal and state public benefits.
[pdf] SPARC Judicial Officer Bench Card: Stalking (July 5, 2022) (+)
This bench card for state court judges developed by SPARC and NIWAP is designed to be used in conjunction with the Judicial Officer Guide for Responding to Stalking. This Bench Card covers: considering and identifying staking, assessing stalking, stalking tactics, establishing fear, risk factors, and best practices for court orders and findings including protection orders and bail conditions.
[pdf] SPARC Judicial Officer Guide: Responding to Stalking (July 5, 2022) (+)
This judicial officer guide developed by SPARC and NIWAP is designed to help state court judges identify, understand and assess the risks of stalking and stalking behaviors courts see evidence of in the family, civil and criminal cases over which judges preside. This resource discusses co-occurring and interconnected crimes and recommends how judges can document and make findings about stalking and coercive control in state court orders. This guide includes useful charts and tables including a comparison of stalking, coercive control, and battering or extreme cruelty (the immigration law definition of domestic violence). This resource is designed to be used together with the Judicial Officer Bench Card: Stalking.
[pdf] Afghan Refugees DV NCJFCJ Reno PowerPoint Presentation (July 19, 2022) (+)
[pdf] Resource Guide: Improving Awareness of Human Trafficking Issues in Indigenous Communities (+)
[pdf] Improving Awareness of Trafficking in Indigenous Communities PowerPoint Presentation (+)
[pdf] NJN Peer-to-Peer Forum PowerPoint Presentation (March 1, 2022) (+)
*SJI and National Judicial Network Training Materials (Last Updated June 8, 2023)
Technical Assistance NIWAP also offers technical assistance for judges and court staff. Find out how to receive NIWAP’s technical assistance from NIWAP’s experts and judicial faculty here. If you are a judge or judicial faculty, please consider joining our National Judicial Network. You can find more information about the National Judicial Network here. Most Updated […]
[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
[pdf] NJN Peer-to-Peer Session PowerPoint Presentation 3.2.21 (+)
[pdf] U Visa Certification and T visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)
This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.
[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)
This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.
[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.
[pdf] Improving Access to Justice for Immigrant Crime Victims and Children: Effects of and Needs for Judicial Training and Peer Support (December 30, 2021) (+)
From 2017 through 2019 NIWAP ran the Judicial Training Network, a training project led by a national faculty of six judges (CA, DE, IL MO, TX, WI). Five states participated in the JTN in which teams of state court judges working with state judicial education staff partners ran the project in each state the offered a series of in-person and on-line trainings on a range of legal issues that arise in cases involving immigrant crime victims and immigrant children. In each of the six participating state (FL, LA, MI, MO, MS, NM). NIWAP and the national faculty also provided on call technical assistance to the state team judges who developed expertise in serving immigrant crime victims and children through the project. After the grant funding for the JTN ended we interviewed a sample of the judicial participants in the project to learn about their impressions of the JTN and about their future training and technical assistance needs. This report makes findings about the effectiveness of this training effort and provides insights into training, support, and technical assistance needs for the future. The insights gained in this report will be helpful to the participating states, and also to the National Judicial Network (NJN) that NIWAP is currently co-leading with the National Council of Juvenile and Family Court Judges. The NJN is a national peer to peer training project involving over 130 judges and Tribal judges from across the country. NJN members are judges interested in human trafficking and issues affecting immigrant victims of crime and abuse whom judges encounter as they hear cases across the country. Judges and judicial officers of all types are invited to join the NJN. To learn more and register follow this link. https://niwaplibrary.wcl.american.edu/pubs/njn-outreach-flyer
[pdf] Tip Sheet for Courts Developing U Visa Certification Protocols (December 30, 2021) (+)
This tool provides legally correct information on the U and T visa programs and on Continued Presence. It helps courts developing U visa certification and T visa declarations protocols, policies and practices base the policies being developed on up to date legally accurate information on the U and T visa programs and certification. The document also provides links to model and sample U and T visa certification polices and protocols that courts can rely upon adapt when developing court policies.
[pdf] Bench Card: Impact of Divorce on Immigration Status (December 28, 2021) (+)
This bench card provides information for state court judges on whether and how divorce
may alter the ability of immigrant spouses, children and stepchildren to gain or maintain a legal
immigration status in the United States, including an immigration visa, lawful permanent
residency or naturalization. An immigration visa2 is specifically one that allows the immigrant
to live and work in the United States.
[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)
These flowcharts provide an overview of the public benefits eligibility process for VAWA self-petitioners, VAWA cancelation of removal applicants, U visa and T visa applicants and children applying for Special Immigrant Juvenile Status. They provide useful tools to be used together with NIWAP’s public benefits maps and charts. State by State Benefits Map and Charts – https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)
The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.
[pdf] Three Prongs of VAWA Confidentiality (December 15, 2021) (+)
A brochure summarizing the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations, & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.
[pdf] Bench Card on Violence Against Women Act (VAWA) Confidentiality (December 3, 2021) (+)
An overview of federal immigration VAWA confidentiality laws for state family/civil court judges.
[pdf] STAR Presentation for National Judicial Network Forum (+)
[pdf] Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims (October 13, 2013, Updated November 30, 2021) (+)
A quick reference for judges on issues that arise in custody cases involving immigrant parents, children, and crime victims. Discussing constitution protections for the parent child relationship applying to cases involving immigrant parents and their children without regard to immigration status, detention or deportation. Explaining which parents, children, litigants, witnesses are under current immigration laws likely to be removed from the U.S. and which although undocumented are not at risk of removal. Highlighting common myths about immigration law and providing legally correct information for courts to apply in making rulings when a party raises the immigration status of another party of child in state court custody proceedings.
[pdf] State-specific resources | NCSC (+)
This document contains state-by-state resources including bench cards and interpreting information. It is provided by the National Center for State Courts.
[pdf] NJN Peer-to-Peer Forum 09.14.21 final (+)
[pdf] Clara, Eduardo, and Juanita Hypothetical (June 15, 2021) (+)
[pdf] NJN Peer-to-Peer Forum 06.01.21 (+)
[pdf] Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)
Article discussing the neurobiology of child brain development and how it impacts children who come before state family courts in domestic violence, sexual assault, child abuse, custody, delinquency, dependency and other cases. The article brings together research findings in the fields of child brain science and research on the traumas experienced by immigrant children in their home countries, during their immigration to the U.S. and trauma and abuse immigrant children experience after arriving in the United States.
[pdf] NJN Peer-to-Peer Forum 5.4.21 (+)
[pdf] National Judicial Network Peer-to-Peer Session Presentation (April 6, 2021) (+)
PowerPoint presentation on Trauma given at The National Judicial Network’s second peer-to-peer session on April 6th, 2021.
[pdf] Access Exercise for Judges (March 31, 2019) (+)
Interactive exercise for judges on work with immigrant survivors.
[pdf] Guide to Family Law Service of Process and Jurisdiction Requirements Charts (January 29, 2021) (+)
This guide provides background and useful information on the Family Law Service of Process and Jurisdiction Requirements charts.
[pdf] Family Law Summary of Service Rules (January 29, 2021) (+)
This chart provides an overview of non-resident and alternative service rules generally for family law proceedings in each state. This document serves as a supplement to the proceeding-specific family law jurisdiction and service of process charts.
[pdf] Paternity and Child Support Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for paternity and child support proceedings in each state.
[pdf] Custody Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for custody in each state.
[pdf] Child Abuse/Neglect Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for child abuse/neglect proceedings in each state.
[pdf] Domestic Violence Protection Orders – Jurisdiction and Service of Process (January 29, 2021) (+)
This chart provides the jurisdiction and service of process statutes for domestic violence protection orders in each state.
[pdf] Divorce and Legal Separation – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for divorce and legal separation in each state.
[pdf] Adoption Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for adoption in each state.
[pdf] Model: U and T Visa Certification Protocol for State Courts (October 29, 2020) (+)
This Model U and T visa certification protocol for state courts serves as a sample that can be adapted for courts’ use and is based on the protocol adopted by the San Francisco Superior Court in 2017.
[pdf] Protection and Assistance for Victims of Trafficking – 22 CFR § 7105 (+)
[pdf] Authority to Permit Continued Presence – 28 CFR § 1100-35 (+)
[pdf] 2018 Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons (+)
[pdf] Glossary of Terms for State Court Judges on Immigrant Issues (November 15, 2017) (+)
Bench card for glossary of terms and legal definitions in regards to immigration.
[pdf] Working With Remote Interpreters In Webex (+)
This sheet explains the three modes of interpreting within the courts, and how they operate on Webex.
[pdf] What Family and Child Welfare Judges Need to Know: Legal Options for Immigrant Adult, Teen and Child Victims of Domestic and Sexual Violence (July 21, 2020) (+)
This slideshow provides judges with the legally correct information about intersecting immigration, family and benefits laws needed to issue more effective and enforceable orders and discovery rulings. There are tips, tools and resources for family law cases involving immigrant victims of domestic violence, sexual assault, and child/elder abuse.
[pdf] Helping Victims of Human Trafficking Courts 11.9.2020 (+)
This PowerPoint was presented at the NCJFCJ virtual training in November 2020.
[pdf] U-Visa: “Helpfulness” Checklist (+)
This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.
[pdf] Immigrant Crime Victims and Public Charge: Post-VAWA 2013 (August 19, 2019) (+)
Information regarding immigrant crime victims and public charge in light of the VAWA 2013 statutory amendments. This article discusses how VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation, battered spouse waiver, U visa and T visa applicants are exempt from the public charge ground of inadmissibility.
[pdf] List of Webinars for Courts (Updated 9/30/19) (+)
The National Women’s Advocacy Project (NIWAP) offers online learning through webinars, webcasting, and training modules. Along with our partner organizations, we facilitate trainings with experts to answer all your questions relating to immigrant crime victims.
This page includes a list of all NIWAP’s past webinars that we think judges and court staff may find helpful. They are organized by topic, and each page includes supplemental materials from our web library to complement each presentation and provide further clarification.
For a list of all of NIWAP’s webinars, please go to this link: https://niwaplibrary.wcl.american.edu/all-niwap-webinars/
[pdf] U-Visa Application Victim Flow Chart (+)
U-visa Application Victim Flow Chart to determine eligibility
[pdf] Legal Rights of Immigrant Children Materials (June 20, 2019 Webinar) (+)
A list of all the materials relating to Legal Rights of Immigrant Children, and the materials correspond to the webinar “When Child Victims Are Immigrants: The Judge’s Role.” These are resources to guide judges as they issue orders to protect abused and neglected immigrant children in custody, protection order, child welfare, and child support proceedings.
[pdf] Do you have problems at home? (July 16, 2015) (+)
This booklet explains the legal rights of immigrant victims of family violence including domestic violence, child abuse and elder abuse.
[pdf] Language Identification Card “I speak…” (May 2019) (+)
This language identification guide is a tool for law enforcement and other criminal justice agencies to identify the language of individuals they encounter who do not speak English. I Speak was adapted by Raksha, Inc and Tapestri, Inc through a grant with Dekalb Magistrate’s Court’s Compliance Court Project. It is based on the I Speak booklet created by a partnership effort of the Bureau of Justice Assistance and the Ohio Criminal Justice Service. This adaptation of the I speak guide contains the many more languages than other versions of this important I speak tool. (May 2019)